Nobody downloaded yet

Public international law - Essay Example

Comments (0) Cite this document
This paper will tell about whether Kosovo satisfies the criteria for statehood under international law. This analysis is based on general international practice, including the outcomes of statehood claims similar to that of Kosovo. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.1% of users find it useful
Public international law
Read TextPreview

Extract of sample "Public international law"

Download file to see previous pages In establishing whether a political entity can be considered a state, these elements have to be primarily considered. Applying these elements to the assessment of Kosovo, however, is not as simple due to a host of issues involved in its bid for statehood. Nevertheless, these primary elements shall first be considered in assessing Kosovo’s claim to statehood.
One of the elements of statehood is population. Population refers to the “a group of people that live in the same land or region” . In order for an entity to fulfil this requirement of statehood, its people must settle themselves at a definite place. There is an element of permanency to this population where the people are not likely to fall apart but can be expected to persist for a period of time . As far is Kosovo is concerned, it fulfils this requirement of statehood as it has a group of people living in a specific place and their population is sufficient to support state processes. Shared ethnic traditions and religions are not important elements within this group of people for as long as there are sufficient commonalities in terms of language, traditions, values, and beliefs to support harmonious relations with each other. As far as Kosovo is concerned, they share common beliefs, languages, and values as a people, with majority of the people being Albanians, speaking in the Albanian, Serbian, Turkish, and Roma languages. Some of them are Muslims, Serbian Orthodox, and Catholics. These qualities provide sufficient groupings and commonalities among the people, groupings which are normally expected of any state or political entity. Population as an element of statehood has to be evaluated in terms of territory and government. Scholars highlight the fact that population is one of the more important elements of the state because territory and government elements are present only as a means of serving the population4. Territory defines an area which is well-defined, an area which is inhabited by the people of a state. It is usually defined by its physical borders which have long been defined by kings, emperors, and other significant government officials5. The Encyclopedia of Public International Law also defines territory as a crucial element of statehood because government authorities are endowed with the right and authority to “take measures in that specific area”6. Governments have exclusive control over their territories, one which cannot legally be intruded on by other states and political entities and states. As far as Kosovo is concerned, it also fulfils this element of statehood, as it has a defined territory where its population is based and upon which it can support its people. Government is also another element of statehood. In general, governments are made up of individuals who have been chosen by the people or by other authorities to carry out political functions and to manage state affairs7. Based on the international perspective, governments are independent entities which enforce authority over a certain population living in a territory8. Governments are usually decided by the general population and in areas where democratic processes are in place, these government officials represent the interests of the people, enforce rules, and implement policies. Various states have varying governments, and each of these types of government is mostly fashioned to fit the needs of the people. Governments have end goals in mind and most of these goals relate to providing common goods to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Public international law Essay Example | Topics and Well Written Essays - 3750 words”, n.d.)
Retrieved from
(Public International Law Essay Example | Topics and Well Written Essays - 3750 Words)
“Public International Law Essay Example | Topics and Well Written Essays - 3750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Public international law

Public International Law

...? INTERNATIONAL LAW College Outline 0 Introduction 2.0 Historical, political and philosophical background 3.0 UN ized Interventions 4.0 Unauthorized interventions 5.0 Conclusion 6.0 References Libya and the Concept of Humanitarian Intervention in International Law Introduction The assertion that states, more often than not, act in the interest of domestic power is one that has been held by many. States aren’t the agents of morality and the field in which they are allowed to operate as such is decidedly small. Humanitarian intervention is the use of military force by one state against another on grounds of human rights violations within the territory and jurisdiction of...
11 Pages(2750 words)Essay

Public International Law

...?International Law Introduction International laws are the laws which govern the relations of s and the global community in general. Fiore discusses that the goal of international law is to evaluate and establish international rights and duties which must be fulfilled by all members of the international community1. Its goal is also to establish the legal rules which are applicable to these rights and duties and the legal remedies available to ensure compliance. For this reason, it is therefore important to establish first which the subjects and persons who are to enjoy and lay claim to these rights and duties2. This paper shall discuss the different subjects of international law who are considered to be legal personalities under... ...
7 Pages(1750 words)Coursework

Public international law

...civil disobedience and United States v. Schoon,’ (California: University of California Press, 1987). P. Christie, ‘The Defense of Necessity Considered from the Legal and Moral Points of View,’ (1999) 48 Duke Law Journal, 975 J. Crawford, ‘The International Law Commission’s Articles on State Responsibility – Introduction, Text and Commentaries,’ (Cambridge: Cambridge University Press, 2002), 178 J. Crawford & S. Olleson, ‘The Nature and Forms of International Responsibility’, in M. D. Evans, International Law (London: Oxford University Press, 2003), 446-70. Continental Casualty Company v Argentine Republic, ICSID Case No. ARB/03/9 I....
8 Pages(2000 words)Essay

Public International Law

...? Public International Law No: Answer National Laws of UK UK nationality law is the law which deals with the issue of citizenship and other categories associates with it. The law is complex and cumbersome in view of its historical status as an imperial power of the world. The Nationality Act 1948 determines the status of UK people and the citizenship of subjugated colonies. However, until the early 1960s the citizens of the British had the right to enter and live in the United Kingdom at any time1. However, during the years 1962 and 1971, the immigration from commonwealth countries was immense specifically from Asia and Africa. To stop the influx of the people from the mentioned countries, the Immigration Act 1971 came into being... ....
12 Pages(3000 words)Essay

Public international law a such as to reconcile those laws with the rights provided for under the Convention.26 As demonstrated by the House of Lords decision in R v Secretary of State for the Home Department ex parte Brind, in the absence of a legislative provision, or more especially, an Act of Parliament, the European Convention on Human Rights could not be relied on as a part of the UK’s law. No doubt, has this case been heard following the implementation of the Human Rights Act 1998, the House of Lords would have applied Article 10 to the Home Secretary’s obligations. Section 6 of the Human Rights Act 1998 specifically provides that a public officer may not conduct his duties in a manner inconsistent...
8 Pages(2000 words)Essay

Public International law

...of correction and force. It must be tampered with caution so that fresh tensions are not ignited from within the affected system. References Brownlie, I. (1990). Principles of Public International Law. New York: Clarendon Press. Englehart, N. A. (2009). State Capacity, State Failure and Human Rights. Journal of Peace Research. Vol 46 (2). Enabulele, O. A. (2010). Humanitarian Intervention and Territorial Sovereignty: the dilemma of two strange bedfellows. International Journal of Human Rights. Vol 14 (3). Rosa, C. O. (2001). Unity and pluralism in public international law. The Hague: Martinus Nijhoff Publishers...
7 Pages(1750 words)Essay

Public international law

...? Public international law LLB 2 YEAR Portfolio Assessment Question The Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) concerns the rights of Nicaragua and Costa Rica over part of the San Juan River, located in the territory of the former, but whose right bank and certain navigational rights belong to the latter. In its July 13, 2009 Judgment, the International Court of Justice ("ICJ") made a number of specific rulings regarding the scope of Costa Rica's right to free navigation, Nicaragua's power to regulate that right, and Costa Rican riparians' subsistence fishing rights.'1 Aside from its immediate significance for the litigating parties,...
6 Pages(1500 words)Essay

Public international law such meetings (Peace and Security Council (PCS), 2013). Discords between the UNSC and the AUPSC Against the backdrop of increased pace of regionalisation in Africa and beyond, the validity and authority of the United Nations Security Council has turned into a controversial zone within the domain of public international law. Argumentative issues,concerninga few legal frameworks of regional associations and their latent effectiveness and efficiency, have become a hot topic of debate across the various divisions of the African Union and the United Nations. Ever since the dawn of the UN, the role and power of the AU has been subject to the legal and operational restraints imposed upon it...
16 Pages(4000 words)Essay

Public International Law

...Public International Law 2006 Outline Introduction A. Antiterrorism Law: Policies and Practices Problems of Defining Terrorism 2. Misinterpretation of Antiterrorism Law 3. Examples of Terror Under the Cover of Struggle with Terrorism B. Recognition of New States and Governments 1. Definition and Types 2. Why is it Important? 3. Dollar Diplomacy 4. Double Standards in case of Prednistrovie Conclusions Description. In this paper we will try to determine whether international law fulfils its function of protection of all people. We will prove that, unfortunately, in contemporary world it’s impossible to promote justice to...
8 Pages(2000 words)Essay

Public International Law

...INTERNATIONAL LAW The basic premise that underlies human rights law is the fact that they are universally applicable1, and therefore transcend social, cultural and political barriers and differences.2 Basic human rights would require that all individuals, no matter how heinous their crimes are provided a fair trial and the opportunity to prove their innocence, with punishment being meted out by an impartial tribunal in accordance with the magnitude of the crime. An international crime transcends local jurisdictions and cannot be left within the exclusive jurisdiction of the national authority that would normally adjudicate such trials.3 International crimes are war crimes, including genocide, crimes against humanity, torture... and...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Public international law for FREE!

Contact Us